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HomeMy WebLinkAboutItem 4.08 LandLightMaintAD 83-2 CITY CLERK File # 360-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 15, 2004 SUBJECT: Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road): Preliminary Engineer's Report Report Prepared by: Melissa A. Morton, Public PVorks Director ATTACHMENTS: 1) Resolution Approving Preliminary Engineer's Report 2) Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (July 20, 2004) 3) Preliminary Engineer's Report (Assessment Diagram to be Displayed at City Council Meeting) RECOMMENDATION: r~...Adopt resolutions approving preliminary engineer's report and /~7/~~r setting hearing date and time (July 20, 2004, 7:00 p.m.) for the  purpose of hearing protests to the proposed 2004-2005 assessment FINANCIAL STATEMENT: 2004-2005 Sources and Use o_f Maintenance Assessment District Funds Revenues: Total Amount Proposed to Be Assessed: $61,568 Estimated Interest Revenue: 1,172 Estimated Prior Year Collections and Penalties 148 Less Estimated Collection and Delinquency Cost: (Iv047) Net Total Revenues $61,841 Expenditures: Contract Maintenance and Utilities: $58,974 Administration and Engineering: 1,250 Total Operating Expenses: $60,224 The above calculations include a proposed consumer price index increase of approximately 0.5% over the 2003-2004 assessment. Please see Description below regarding the source and reasons for the requested increase. Based on the above, revenues exceed expenditures and a minor amount of reserve funds will be added. COPIES TO: ITEM NO. ~ g:\assessdist\83 -2\83-2StaffRptlntent / DESCRIPTION: In 1983, the City of Dublin formed Landscaping and Lighting Assessment District No. 83-2 for the purpose of maintaining landscaping within Tract 4719. The District originally included StagecoaCh Park and Stagecoach Road north of the City Limit, but now includes only roadway landscaping along Stagecoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development. The maintenance cost for Stagecoach Park, as Well as the undeveloped Dougherty Hills Park, is paid by the City through the Park Maintenance Operating Budget and is not a part of this Assessment District. The estimated June 30, 2003, reserve for this District is projected to be $34,449. The actual reserve will not be known until the City closes its books and acCrues the. necessary revenues and expenses. The spread of assessments assigns 61.6% of the total assessment to the single-family homes of Dublin Hills Estates and 38.4% to the Amador Lakes Apartments. In 2003-2004, Staff conducted a mailed ballot to all of the property owners in this District proposing an increased assessment in order to maintain and replace certain landscaping improvements. In addition to the 10%-increase in assessment rates the proposed Engineer's Report also included an escalation clause for succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. The assessment in the District had not been increased for ten years prior to 2003-2004. The 'results of the election were in favor of the increase, and the current proposed engineer's report includes the approved assessment rates and a cost of living increase of 0.5%, conforming with the April 2004 Consumer Price Index. The assessment to single-family property owners in the Dublin Hills Estates development is proposed to be $252.84 per single-family home, an increase of $1.26 over the 2003-2004 assessment. The Amador Lakes Apartments property is proposed to be assessed at a rate of $42.75 per dwelling unit, an increase of $0.21 over the 2003-2004 assessment. Staff recommends that the City Council adopt the resolutions approving the preliminary Engineer's Report and setting a public hearing date of July 20, 2004. Page 2 RESOLUTION NO. -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 WHEREAS, by its Resolution No. 037-04, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 83-2 (thc "District"), this Council designated the Public Works Director as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 037-04 and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and finds that each and every part of said report is sufficient; and that said report neither requires nor should be modified in any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs and expenses of the acquisition of improvements and maintaining said improvements and of the incidental expenses in connection therewith, as contained in said report be, and each of them are hereby preliminarily approved and confirmed; b) That the diagram showing the assessment district, description of the improvements to be acquired and maintained, and thc boundaries and dimensions of the respective lots and parcels of land within said District, as contained in said report be, and it is hereby preliminarily approved and confirmed; c) That thc assessment of the total amount of the cost and expenses of thc proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said acquisition and maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. · PASSED, APPROVED AND ADOPTED this 15th day of June, 2004. AYE S: NOES: ABSENT: · AB STAIN: ATTEST: Mayor City Clerk "~" ~ RESOLUTION NO. -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 WHEREAS, by its Resolution No. 037-04, a resolution directing preparation of annual report for City of Dublin Landscaping and Lighting Maintenance Assessment District 83-2 (the "DistriCt"), this Council designated the Public Works Director' as Engineer of Work and ordered that Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said ResOlution No. 037-04, and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its intention to seek the Annual Levy of the Districts pursuant to the Act, over and including the land within the District boundaries, and to levy and collect assessments on all such land to pay the annual costs of the improvements. The City Council finds that the public's best interest requires such levy and collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original District, within the boundaries of the City of Dublin, within the County of Alameda, State of California. Section 3 Description of Improvements: The improvements within the District may include, operation, maintenance, acquisition, and servicing of street lighting and appurtenant facilities within the boundaries of the District. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a satisfactory operating condition. Section 4 Proposed AsSessment Amounts: For Fiscal Year 2004/05, the proposed assessments are outlined in the Engineer's Report Which details any changes or increases in the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its intention to Conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act. Section 6 Notice: The City Clerk is hereby directed to give notice of said heating to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published 1 and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of the Public Heating, and by posting a copy of this Resolution in official posting locations customarily used by the City Council for the posting of notices. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday~ July 20~ 2004~ at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at 100 Civic Plaza, Dublin. Section 8 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED this 15th day of June, 2004. AYES: NOES: ABSENT Mayor ATTEST: City Clerk CITY OF DUBLIN LANDscAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719) FISCAL YEAR 2004-2005 ENGINEER'S REPORT TABLE OF CONTENTS 1 ENGINEER'S LETTER ........................... . ................................................... 2 ESTIMATE OF COSTS ................................................................................ $ $ METHODOFAPPORTIONMENT ............................................................. 6 4 PARCEL LISTING ....................................................................................... 7 $ CERTIFICATIONS ...................................................................................... 8 WItEREAS, on March 16, 2004, the City Council of the City of Dublin~ California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, adopted its Resolution Directing Preparation of Annual Report for Maintenance Assessment District 1983-2 for the maintenance of improvements more particularly therein described; and Wlt'EREAS, said Resolution directed the undersigned to prepare and file a report pursuant to SectiOn 22565, et. seq., &said Act; NOW, TltEREFORE, the undersigned, by virtue of the power vested in me under said ACt and the order of the Council of said City, hereby make the following assessment to cover the portion of the estimated cost of the maintenance of said improvements and the cost and expenses incidental thereto, to be paid by said District. Summary of Assessment (1) (2) (3) As Filed As AS Finally Preliminarily Approved Approved Cost of Maintenance $58,974 Incidental ExPenses $38,363 TOTAL COSTS $97,337 Prior Year Collections & Penalties ($148) Estimated 2004-05 Interest InCome ($1,172) Applied to 2004-05 Operating Cost Estimated Surplus from 2003-04 Fiscal ($34, 449) Year su -rorAL ($35,769) AMOUNT TO BE ASSESSED FOR $61,$68 FISCAL YEAR 2004-2005 As required by said Act, a diagram is hereto attached showing the exterior boundaries of said landscaping maintenance assessment district and also the lines and dimensions of each lot or parcel of land within said landscaping maintenance assessment district as the same existed at the time of the passage of said resolution, each of which lots or parcels having been given a separate number upon said diagram. I do hereby assess the net amount to be assessed upon all assessable lots or parcels of land within said landscaping maintenance assessment district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the maintenance of said improvements, and more particularly set forth in the list hereto attached and by reference made a part hereof. Said assessment is made upon the several lots or parcels of land within said landscaping maintenance assessment district in proportion to the estimated benefits to be received by said lots or parcels respectively from the maintenance of said improvements. The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property. The scope of work shall be the maintenance of landscaping and irrigation within the road right-of-way and within a public easement along Stagecoach Road between the limits of Amador Valley Boulevard and the northerly City Limit. Further, the scope of work shall include the maintenance of the slopes and landscaping and irrigation of the slopes within a public easement for those slope areas to the rear of Lots 80 through 86 and 37 through 48, all within Tract 4719. Each lot or parcel of land assessed is described in the assessment list by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the Fiscal Year 2004-2005 and includes all of such parcels excepting those portions thereof within existing public roads or rights of way to be acquired in these proceedings for public road purposes. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office oftbe County Recorder of said County. Because the names of the several owners are unknown to me, I hereby place the word "unknown" opposite the number of each lot of parcel of land assessed, the amount assessed thereon, and the number of the assessment. ~/ ' Meliss~A. Morton, P.E. -- Public Works Director 2 ESTIMATE OF COSTS The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 2004-2005 is as follows: Maintenance Landscape Maintenance $3 7, 068 Utilities $2i,906 $58,974 Incidentals Engineer's Report and Proceedings $1,250 County of Alameda Collection Costs (1.7%) $1,047 Contingencies/Reserve $36,066 $38,363 Total Estimated Costs $9 7, 33 7 3 METHOD OF APPORTIONMENT The assessment spread for this District shall be calculated as follows: Sixty-one and six tenths percent (61.6%) spread equally among the 150 single-family lots; thirty-eight and four tenths percent (38.4%) spread equally among the 553 apartment/condominium lots. Lots 152 and 153, being park and open space, shall have a zero assessment. Lots 154 and 155, being public agency owned, shall have a zero assessment. To maintain service levels over time the annual maintenance cost shall be increased annually beginning in fiscal year 2004-2005, by the percentage increase in the Bay Area Urban Wage Earner Consumer Price Index ("Index") (applies to ,~all costs except utilities), plus any actual increase in the cost of utilities (power and water). SAMPLE CALCULATION: Assuming'an increase in the index of 1% and a utility increase of 5%: MAINTENANCE COST $60,911 LESS UTILITY COST (SUBJECT TO RATE INCREASE ONLY) ($16,490) $44,421 ASSESSMENT SUBJECT TO INDEX INCREASE $44,421 INDEX INCREASE (ASSUMED 1%) 44,421 x .oi = 444 $444 $44,865 ENERGY COST $16,490 5% UTILITY RATE INCREASE 16,490x.05 = 824.50 ' $824.50 $17,314.50 NEW TOTAL MAINTENANCE COST $62;179.50 4 PARCEL LISTING Assessment & Property '" Number of Assessment 2004-2005 Lot Number Owners Units per Unit Total Assessment Lots 1 - 150, Individual 150 $252.84 $37,926 Tract 4719 Owners Lot 152, Tract Public-Owned 0 $0.00 $0.00 4719 Lot 153, Tract PubliC-Owned " 0 $0.00 $0.00 4719 Lot 154 Public-Owned 0 $0.00 $0.00 Lot 155 Public-Owned 0 $0.00 $0.00 Lots '1-553, Tract Individual '553 $42.75 $23,641 5180 Owners District Total: 703 N/A $6L567 The complete parcel listing of assessments is provided on the following pages. The description of each lot or parcel as part of the records of the County Assessor of the County of Alameda are, by reference, made part of this Report.